In The Court Of District & Sessions Judge, (Central) Delhi

HMA No. ____________ of 2014

In the matter of:

Mr. ___________ ….………. Petitioner No. 1

And

Smt. ____________ ……… Petitioner No. 2

INDEX

S. No. Particulars Page No. Court Fee

(R)
1 Petition under section 13-B (2) of
The Hindu Marriage Act, 1955
alongwith affidavits of both the
Petitioners.
2 Annexure-1
Certified Copy of the Order dated
18.03.2013, passed by Sh.Sudesh
Kumar, ADJ, New Delhi, at the time
of First Motion

3 Annexure-2(Colly)
Certified Copy of the Petition under
section 13-B (1) of The Hindu
Marriage Act, 1955, along with
Affidavits and documents and
Statements of the Petitioners
4 Copies of the other related
documents

5 Vakalatnamas in favor of the

Counsels of the Parties

Petitioner No. 1 Petitioner No. 2

Through

________________, Advocate _______________, Advocate

(Counsel for the Petitioner No.1) Advocates for Petitioner No. 2
Ch. No. ____, Ch. No. ____,
Lawyers’ Chambers, Lawyers’ Chambers,
_____ Courts, _____ Courts,
New Delhi-110017. New Delhi-110017.
 In The Court Of District & Sessions Judge, (Central) Delhi

HMA No. ____________ of 2014

In the matter of:

Mr. _____________________,
D/O Shri _________________,
W/O _____________________,
R/O______________________
_________________________
________________________ .………. Petitioner No. 1

And

Mrs. _____________________,
S/O Shri _________________,
R/O _____________________,
_________________________
_________________________ ………… Petitioner No. 2

PETITION UNDER SECTION 13-B (2) OF THE HINDU MARRIAGE ACT,

1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

Most Respectfully submitted as under:-

1. That the maiden name of the Petitioner No.2 happened to be ________.
After marriage, she adopted the surname of the Petitioner No.-1 and
became known to the world at large by the name of ______________.

2. That the First Motion between the parties hereto came up before the
Hon’ble Court of _____________, ADJ, Tis Hazari, Delhi and after
recording of the statements of petitioners, the same was disposed of
vide its order dated __________. Certified Copies of the Order dated
____________ is Annexure-1 and the Petition for the First Motion, U/S
13-B(1), of the Hindu Marriage Act, 1955, along with Affidavits,
documents and Statements of the Petitioners No.1 & 2 are being
annexed herewith this Petition as Annexure-2 (Colly).

3. That despite the gap of 6 months between the two impugned motions,
the Petitioners hereto could not reconcile their differences and continued
to stay away from the society of each other. Hence, the present motion.

4. That the marriage between petitioners was solemnized on

____________ according to Hindu rites and ceremonies at
_______________________________________________________.
5. That the particulars of petitioners pertaining to their status, age and
place of residence before marriage and at the time of filing the present
petition are as under:

Before the marriage

Husband Wife
Status & Age Residence Status & Residence
Age
Hindu Bachelor R/O Hindu Virgin R/O
___ Years ________________ 31 Years _____________
(Approx.) ________________ _____________
________________ _____________

At the time of filing of petition

Husband Wife
Status & Age Residence Status & Residence
Age
Hindu Married R/O Hindu R/O
___ Years ________________ Married _____________
(Approx.) ________________ ___ Years _____________
________________ _____________
________

6. That the marriage was duly consummated but no child was born from
the wedlock.

7. The parties are living separately from the company of each other since
___________.

8. That the Petitioners were unable to adjust with each other due to their
temperamental differences and various other reasons. They tried hard to
reconcile their differences themselves and through their parents,
relatives and friends, however, all went in vain.

9. That in this while, following Cases also got initiated by the Petitioner
No.2 against the Petitioner No.1 and his family members:-

i. An FIR No.________of ___________ (Dated- _____________),

PS-___________, U/S-___________________of IPC.
ii. A Case Under Section-125 of the Code of Criminal Procedure,
1973.
iii. A Child Custody matter Under Guardians and Wards Act, 1890 &
Hindu Adoptions And Maintenance Act, 1956.
iv. Any Other.
10. That the Petitioners have settled their issues/ Claims related to all the
dowry/Istridhan, maintenance, past, present & future and permanent
alimony etc. in the Mediation Centre, ______ District Court, New Delhi.
In this regard, the Settlement/ Agreement dated __________, duly
executed before the Mediator, Sh.____________ may be referred to
and relied upon, the contents of which form part and parcel of this
Petition, however, the same have not been repeated herein just avoid
the duplicity. The Copy of Settlement/ Agreement dated __________ is
annexed herewith as Annexure A.

11. That the terms and conditions of the Agreement/ Settlement dated
__________, with respect to the payment of money by the Petitioner
No.1 to the Petitioner No.2, are as follows:

12. That the Petitioner No.1 agreed to pay the Petitioner No.2 a sum of
Rs.___________/- towards full and final settlement/ satisfaction of all
her claims in five equal instalments of Rs.___________/- each. The first
instalment of Rs._____________/- were to be paid at the time of the
First Motion in the proceedings/ Petition U/S 13(B)(1) of the Hindu
Marriage Act, 1955, the second instalment of Rs._____________/- at
the time of the Second Motion, U/S 13(B)(2) of the Hindu Marriage Act,
1955, the third instalment of Rs._____________/- at the time of
withdrawal of the Case, under Section -12 of the D V Act, the fourth
instalment of Rs._____________/- at the time of withdrawal of the Case,
under Section-125 of the Cr.P.C., and the fifth and last instalment of
Rs._____________/- were to paid at the time of quashing of FIR before
this Hon’ble Court.

13. That other terms and conditions of the Agreement/ Settlement dated
____________ do form part and parcel of this Petition, the same have
however, not been repeated herein, just to avoid the duplicity.

14. That in view of the afore stated facts, as also in compliance with the
Terms of the Settlement/ Agreement dated ___________, the
Petitioners have therefore filed this Petition for dissolution of their
marriage by divorce with mutual consent. The expenditures incurred on
filing of this Divorce Petition, including the Court fee etc., have been
borne by Petitioner No.1.

15. That on _______________, at the time of recording of statement in First

Motion of the Divorce Petition, under section 13-B (1) of the Hindu
Marriage Act, 1955, the Petitioner No.1 had paid to the Petitioner No.2 a
 sum of Rs.__________/- (Rupees ____________ only) vide a Bankers
Cheque No.___________, dated __________, issued by the Bank,
namely, _____________________, for a sum of Rs.____________
(Rupees ___________ Only), in favour of ______________,

16. That the Petitioner No.1 had already got made/ issued a Bankers
Cheque No.________, dated __________, issued by the Bank, namely,
_______________________________, for a sum of
Rs._____________ (Rs._________ Only), in favour of _____________.
The Copy of the Demand Draft/ Pay Order is annexed here with this
Petition. The Petitioner No.1 undertakes to hand over to the Petitioner
No.2 the original Demand Draft/ Pay Order at the time of recording of
statement in First Motion of the Divorce Petition, under section 13-B (2)
of the Hindu Marriage Act, 1955.

17. That the parties to the Petition assure and undertake not to file or initiate
henceforth any civil or criminal or any other form of legal proceeding/s
against each other or their respective family members.

18. That the consent of the parties hereto, for moving the present petition,
has not been obtained by force, fraud or pressure, undue influence,
coercion from any quarter whatsoever and the petitioners have signed
the present petition and accompanying affidavits of their own volition.

19. That there is no collusion between petitioners in filing the present

petition.

20. That from henceforth, the Petitioners hereto have been left with no
mutual obligation against each other.

21. That nothing remains to be adjudicated upon in this Case.

22. That there is no delay in filing the present petition.

23. That there is no legal bar against seeking and granting the relief, as
prayed for in this Petition.

24. That the residence of the Petitioner No. 1 and/ or 2 falls within the
territorial jurisdiction of this Hon'ble Court and accordingly, this Hon'ble
Court has got the territorial jurisdiction to entertain the present Petition.

25. That the proper and requisite court fee has been affixed on the petition.
 Prayer
In view of the aforementioned facts and circumstances, it is therefore most
respectfully prayed that this Hon’ble Court may be pleased to:-

i. Pass an Order/ Judgment, dissolving the marriage between the

Petitioners by a decree of divorce by mutual consent in the interest of
justice; and

ii. Pass any other or further order(s) which this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case, in the interest of
justice.

Petitioner No. 1 Petitioner No. 2

Through

________________, Advocate _______________, Advocate

(Counsel for the Petitioner No.1) Advocates for Petitioner No. 2
Ch. No. ____, Ch. No. ____,
Lawyers’ Chambers, Lawyers’ Chambers,
_____ Courts, _____ Courts,
New Delhi-110017. New Delhi-110017.

New Delhi
Dated___________________

Verification:-
Verified, on solemn affirmation, on this __ day of _________, 2014, in New
Delhi that the contents of paragraph Nos. 1 to ____ of the above petition are
true and correct to the best of our knowledge & belief and those of
paragraphs Nos. ____ to ____, on the basis of legal advice received and the
last paragraph is prayer to this Hon’ble Court.

Petitioner No. 1 Petitioner No. 2

 In The Court Of District & Sessions Judge, (Central) Delhi

HMA No. ____________ of 2013

In the matter of:

Mr. ___________ ….………. Petitioner No. 1

And

Smt. ____________ ……… Petitioner No. 2

AFFIDAVIT

I, ______________, S/O Shri ________________,

R/O ________________________________________________________,
aged about ___ years, do hereby solemnly affirm and declare as under:

1. That the marriage between Petitioners was solemnized on _________

according to Hindu rites and ceremonies at
__________________________________________________________.

2. That there is no collusion between Petitioner No.2 and I in filing the

present petition.

3. That I am living separately from Petitioner No.2 since ______ and have
not cohabited with her from then onwards.

4. That I have given my consent out of my own free will, choice and volition
and the same has not been obtained either by force, fraud, pressure,
undue influence or coercion from any quarter whatsoever.

5. That the accompanying Petition has been jointly drafted by our respective
counsels under the joint instructions of Petitioner No.2 and mine and I
further state that its contents are true and correct to the best of my
knowledge, belief and the legal advice received.

6. That the contents of the accompanying petition may kindly be treated as

an indispensable part of the present affidavit whose contents are not
being reiterated to avoid prolixity.

Deponent
Verification:-
Verified, on solemn affirmation, on this ____ day of ________, 2014, in New
Delhi that the contents of the above affidavit are true and correct to the best
of my knowledge and belief, no part of it is false and nothing material has
been concealed there from.

Deponent
 In The Court Of District & Sessions Judge (Central), Saket, New Delhi

HMA No. _____________ of 2013

In the matter of:

Mr. ___________ ….………. Petitioner No. 1

And

Smt. ____________ ……… Petitioner No. 2

AFFIDAVIT

I, ______________, D/O Shri ________________,

R/O ________________________________________________________,
aged about ___ years, do hereby solemnly affirm and declare as under:

1. That the marriage between Petitioners was solemnized on

_____________ according to Hindu rites and ceremonies at
__________________________________________________________.

2. That there is no collusion between Petitioner No.1 and I in filing the

present Petition.

3. That I am living separately from Petitioner No. 1 since _________ and

have not cohabited with him from then onwards.

4. That I have given my consent out of my own free will, choice and volition
and the same has not been obtained either by force, fraud, pressure,
undue influence or coercion from any quarter whatsoever.

5. That the accompanying Petition has been jointly drafted by our respective
counsels under the joint instructions of Petitioner No.1 and mine and I
further state that its contents are true and correct to the best of my
knowledge, belief and the legal advice received.

6. That the contents of the accompanying petition may kindly be treated as

an indispensable part of the present affidavit whose contents are not
being reiterated to avoid prolixity.

Deponent
Verification:-
Verified, on solemn affirmation, on this ___ day of ________, 2014, in New
Delhi that the contents of the above affidavit are true and correct to the best
of my knowledge and belief, no part of it is false and nothing material has
been concealed there from.

Deponent